HomeMy WebLinkAbout20032716.tiff HEARING CERTIFICATION
DOCKET NO. 2003-73
RE: SITE SPECIFIC DEVELOPMENT PLAN AND USE BY SPECIAL REVIEW PERMIT#1429
FOR A CHURCH, CHILDCARE CENTER AND PRIVATE SCHOOL IN THE
A(AGRICULTURAL)ZONE DISTRICT - DAVID AND ANNITA ALVAREZ, DBA BETHEL
FAMILY PRAISE CENTER
A public hearing was conducted on October 15, 2003, at 10:00 a.m., with the following present:
Commissioner David E. Long, Chair
Commissioner Robert D. Masden, Pro-Tern
Commissioner M. J. Geile
Commissioner William H. Jerke - EXCUSED
Commissioner Glenn Vaad
Also present:
Acting Clerk to the Board, Carol A. Harding
County Attorney, Bruce Barker
Planning Department representative, Michelle Katyryniuk
Health Department representative, Trevor Jiricek
Public Works representative, Don Carroll
The following business was transacted:
I hereby certify that pursuant to a notice dated September 26,2003,and duly published October 2,
2003, in the South Weld Sun,a public hearing was conducted to consider the request of David and
Annita Alvarez,dba Bethel Family Praise Center for a Site Specific Development Plan and Use by
Special Review Permit #1429 for a Church, Childcare Center and Private School in the
A(Agricultural)Zone District. Bruce Barker, County Attorney, made this a matter of record. David
Alvarez,applicant,responded to Chair Long that with only four Commissioners present, he wishes
to proceed with the hearing. Michelle Katyryniuk, Department of Planning Services, presented a
brief summary of the proposal and entered the favorable recommendation of the Planning
Commission into the record as written. She stated the Town of Eaton is one mile southwest of the
site,and eleven referral agencies responded favorably orwith concerns which have been addressed
through Conditions of Approval and Development Standards. She stated the applicant, by letter
dated September 23, 2003, requested a change in the hours of operation, and showed pictures of
the site. Responding to Commissioner Geile, Ms. Katyryniuk stated the site is outside the Urban
Growth Boundary of Eaton. Don Carroll, Department of Public Works,stated Weld County Road 39
is a collector status road and is west of the site. He stated a recent traffic count was in the 700's.
Mr. Carroll stated Weld County Road 78 is a local gravel road,with 44 vehicles in a 72-hour period;
and Weld County Road 41 showed 35 vehicles in a 72-hour period. Mr.Carroll stated the Planning
Commission requested the addition of Condition of Approval#3.C regarding dust suppressant;and
recommended the language be amended to read, "The applicant shall apply dust suppression
chemicals on said roads, as needed, as determined by the Department of Public Works, no less
than twice a year. Apply approximately 300 feet in front of each home along Weld County Road 78
between Weld County Roads 39 and 41,also the adjacent home across from the east entrance on
Weld County Road 41 and at both access points to the USR." Responding to Commissioner Geile,
Mr. Carroll stated the dust suppressant will affect three residents on Weld County Road 78 from
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HEARING CERTIFICATION - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY PRAISE
CENTER (USR #1429)
PAGE 2
Weld County Roads 39 to 41, with two additional homes adjacent to the Use by Special Review
Permit, and that it will be applied in front of each resident's property, for approximately 300 feet.
Responding to Commissioner Masden, Mr. Carroll stated there are currently 40 people attending
church functions,with possible future growth to 350,and approximately ten volunteer employees.
Responding to Commissioner Vaad,Mr.Carroll stated the intent of dust abatement is to provide for
spraying in front of homes already in place, not to include future homes that may be built.
David Alvarez,applicant,stated he is concerned about rigid dust abatement because of the cost for
the congregation,and that only three residences currently on Weld County Road 78 were mentioned
at the Planning Commission for dust abatement. He stated Weld County Road 39 was not included
at that time, and the first treatment would be done as soon as the Certificate of Occupancy is
received. Mr.Alvarez stated the vehicle count showed 44 vehicles in a 72-hour period,and services
are only held on Wednesdays and Sundays, which may have an impact of ten cars going to and
from the church. Therefore, he feels it is a minor impact not requiring dust abatement. He stated
the cost per treatment is $1,000, and with the requirement of two times a year or as needed, a
minimum of $2,000 a year is of major concern to his small congregation. He requested an
extension of dust abatement requirements until such time that Department of Public Works
determines it to be necessary. Mr.Alvarez also asked for a change in the listed hours of operation,
to include weddings,funerals,or other special events. He stated it was his error of not including the
hours in the original application. He stated his request would leave the school and day care at the
proposed hours of 6:30 a.m.to 6:30 p.m., Monday through Saturday;and he would like to have the
church hours labeled as needed. He stated they have been meeting in the Eaton Community
Center.
Elana VanderVen,surrounding property owner,stated she is one of the two residents directly across
the street. She stated this will have an impact,and dust is already horrible. She said if the church
is being used for funerals and weddings,it will not be limited to ten cars. Ms.VanderVen stated she
is the one who submitted the petition with 46 signatures stating opposition because of concerns
regarding dust, roads which are designed for agricultural purposes, access to the facility, traffic
safety with slow moving equipment,and aerial spraying. She stated since Mr.Alvarez has indicated
there is currently only money available for the church,approval could be limited to the church. She
stated if the area changes in the next five to ten years, it would not have the same impact.
Lisa Cummings stated she owns property one-fourth of a mile north of the site, and she is also
opposed to the application. She stated she moved from Fort Collins to get away from traffic, noise,
congestion,and to be able to raise horses and children with freedom and security. Ms. Cummings
stated this will have a negative impact on the reasons they moved to the country. She stated the
neighbor to the north is also opposed,and stated the area roads are dirt with sloping sides and no
shoulders. She feels that farm implements being hauled and hay trucks parking during loading,will
cause safety issues. Ms. Cummings stated dust is a concern; however, in wet weather, the roads
get very slick. Responding to Commissioner Geile, Ms. Cummings stated she has 75 acres.
Alice Ross, surrounding property owner, stated she does not object to the church; only the traffic
and dangers to children the increased traffic will cause.
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HEARING CERTIFICATION - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY PRAISE
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Annita Alvarez,wife of applicant, stated the church purchased this five acres,one mile east of the
Eaton Country Club, after attempting to purchase property in town. Due to the cost of renovating
existing buildings, it is was found to be more economical to buy this location. She stated growth is
already moving to the north,and only one part of Weld County Road 78 is not paved,therefore,there
is not a large traffic impact at the beginning.
Eldon Ross questioned why an access was added onto Weld County Road 41; and he expressed
concern about controlling the route the traffic will take if access is allowed onto Weld County
Road 41.
David Alvarez,stated he is recommending to his congregation that they use Weld County Roads 74
or 76,which are both paved from Highway 85,to Weld County Road 39,then north to Weld County
Road 78 to the property location. He stated the second access was added to meet Fire Code
regulations,and people will normally travel paved roads as much as possible. Mr.Alvarez stated
of the individuals listed on the petition,approximately 30 live more then one mile from the church.
Responding to Chair Long,Mr.Alvarez stated the church building is the first phase of their plan,and
it is a multi-purpose building,with the possibility of using it in the future for a school or day care. At
that time they would build a new sanctuary. Responding to Commissioner Geile, Ms. Katyryniuk
stated the plat includes three structures--one dwelling,the future sanctuary,and another building.
Responding to Commissioner Vaad, Mr. Alvarez stated they did consider applying only for the
church; however, he was advised by the Pastor of the Evangelical Free church to include any
possible future plans, since they had difficulty expanding because it was not preplanned. Mr.
Alvarez stated he does not envision expansion within the next five to ten years; however, with
growth, it may happen sooner. He stated the church has been organized four years and currently
has approximately 40 people in the congregation.
Responding to Chair Long regarding dust abatement, Mr. Carroll stated the improvements
agreement includes the three structures on Weld County Road 78, and the adjacent home across
from the east entrance on Weld County Road 41, as well as both accesses. Commissioner Geile
questioned whether to add the two houses on Weld County41 if used in the future;however, Chair
Long stated it is difficult to set a higher standard for applicants than the County uses. Therefore,
it may be better to write it so that if traffic counts reach 200, dust abatement would be required.
Commissioner Vaad stated he agrees it would be better to have the same standard, and he is
comfortable with requiring dust control for the homes on Weld County Road 78, although he is
uncertain requiring it at least twice a year since grading breaks the dust control. Therefore,
Commissioner Vaad moved to modify Condition of Approval #3.C by adding "on Weld County
Road 78," deleting the words, "no less than" and "or as needed," and replacing the word
"determined"with"directed." Commissioner Masden seconded the motion. Chair Long stated he
cannot support the amendment since this is requiring a different standard for this applicant than for
the County. Commissioner Geile stated the church could become a 300 member church, so the
Condition needs to be in place to deal with the situation. On a roll-call,the motion carried 3 to 1 with
Chair Long opposed.
Regarding hours of operation specified in Development Standard#22, Chair Long recommended
inserting the words"for day care"and adding a sentence that the church will be used as needed.
2003-2716
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HEARING CERTIFICATION - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY PRAISE
CENTER (USR #1429)
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Aftera discussion regarding the hours of operation,Commissioner Vaad moved to insert the words,
"for child care center". Commissioner Masden seconded the motion. Responding to
Commissioner Vaad, Ms. Katyryniuk stated applications in the past have left hours open and
Development Standards deal with noise and lighting. Mr. Barker stated there is no regulation stating
the activities which take place inside a church, although a change in use would require an
amendment of the permit. On Chair Long's call for the vote, the motion carried unanimously.
Responding to Chair Long, Mr. Alvarez stated he agrees with the Conditions of Approval and
Development Standards, as amended.
Commissioner Vaad moved to approve the request of David and Annita Alvarez,dba Bethel Family
Praise Center,for a Site Specific Development Plan and Use by Special Review Permit#1429 for
a Church, Childcare Center and Private School in the A(Agricultural)Zone District, based on the
recommendations of the Planning staff and the Planning Commission, with the Conditions of
Approval and Development Standards,as modified. The motion was seconded by Commissioner
Masden, and it carried unanimously.
There being no further discussion, the hearing was completed at 11:15 a.m.
This Certification was approved on the 20th day of October 2003.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
WELD NTY, COLORADO
ATTEST: FALL
vid E. Lon C air
Weld County Clerk t % $ n
W A, Robert D asden, Pro-Tem
BY:
Deputy Clerk to the B���� ��
M. J. ei e
TAPE #2003-39 EXCUSED
Willia . Jerrke
DOCKET#2003-73 �f� ////d-gee
Glenn Vaad -
2003-2716
PL1686
ATTENDANCE RECORD
HEARINGS ARE AS FOLLOWS ON THIS 15TH DAY OF OCTOBER, 2001:
DOCKET#2001-73, PL1686-A Site Specific Development Plan and Use by Special Review
Permit#1429 for a Church Childcare Center and Private School in the A(Agricultural)
Zone District, David and Annita Alvarez, dba Bethel Family Praise Center
PLEASE legibly write or print your name and complete address and the
DOCKET# (as listed above) or the name of the applicant of the hearing you are attending.
NAME AND ADDRESS(Please include City and Zip Code)DOCKET#OF HEARING ATTENDING
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EXHIBIT INVENTORY CONTROL SHEET
Case USR #1429 - DAVID AND ANNITA ALVAREZ, DBA BETHEL FAMILY PRAISE CENTER
Exhibit Submitted By Exhibit Description
A. Planning Staff Inventory of Item Submitted
B. Planning Commission Resolution of Recommendation
C. Planning Commission Summary of Hearing (Minutes 09/02/2003
and 07/01/2003)
D. Clerk to the Board Notice of Hearing
E. Applicant Letter: (7/23/03) re change hours of
operation
F. Planning Staff Notice of sign posting (10/08/03)
G. Ms. VanderVen 3 letters from sprayers.
H. Public Works Staff Agreement and Map
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